(영문) 의정부지방법원 2020.06.16 2020고단998

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(영문) 의정부지방법원 2020.06.16 2020고단998

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on April 3, 2008, and such summary order becomes final and conclusive on the 29th of the same month, and on June 15, 2015, the Defendant issued a summary order of KRW 1.5 million for the same crime at the same court on the 15th of the same year.

7. 9. The summary order became final and conclusive.

On November 29, 2019, at around 22:20, the Defendant driven a D cargo vehicle at a distance of about 500 meters from a restaurant near Gyeonggi-si, Gyeonggi-si, to C apartment, while under the influence of alcohol of 0.088% of blood alcohol level.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving and the status of driving under the influence of alcohol;

1. The application of Acts and subordinate statutes of each summary order, such as criminal history records, preliminary records, results of confirmation of each disposition, and the application of each summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime,

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